Dears Pharmacy

Terms and conditions

Welcome to our website.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use which govern Dears Pharmacy's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

These terms and conditions (the “Terms”) (together with the documents referred to in them) govern  your access and use of our online platform (the “Platform”) through which services are offered (the “Services”). The platform is provided or is accessible via our website www.dearspharmacy.co.uk (the “Website”).
Please read these Terms carefully before you start using the Website and before ordering any of our Services.
1. About us
1.1 The Platform and the Services  are operated by Barrie Dear Limited T/A Dears Pharmacy ("we"/”us”). We are registered in Scotland under company number 424013 and have our registered office at 5 Cortmalaw Avenue, Glasgow, G33 1TE, UK and trading address at Dears Pharmacy, 645 Ferry Rd, Edinburgh, EH4 2TX, UK.
1.2 You can contact us about:
1.3 We are registered with and regulated by the General Pharmaceutical Council. Our pharmacists are registered with and regulated by the General Pharmaceutical Council (GPhC) and as such comply with the Standards of Practice Guidelines.
 
2. Accessing and Use of our Platform
2.1 Accessing our Platform
  • You are responsible for making all arrangements necessary for you to access our Platform, including but not limited to a secure internet connection.
 
2.2 Linking to our Website
We’re happy for you to link to our Website but that must be done in accordance with the below rules:
  • You can only link to our home page www.dearspharmacy.co.uk There are strict regulations on promoting medications. Please don’t mention specific medications.
  • Include only a link not a frame.
  • Do not suggest any form of association, approval or endorsement on our part where none exists.
  • If we find that our reputation is damaged in any way by the reference you’re making, we’ll take the necessary steps to protect it.
If you’re unsure, please ask us before linking to our Website. We reserve the right to withdraw linking permission without notice if it doesn’t meet our guidelines.
2.3 Prohibited uses
You may not:
- use our Platform or our Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- use our Platform or our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data.  A breach of this clause constitutes a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with them by disclosing your identity to them. In the event of such a breach, your right to use our Platform and Services will cease immediately.
2.4 Intellectual Property Rights
We either own or have the right to use all intellectual property rights, including rights in copyright, patents, database rights, trademarks and other intellectual property rights,  in the Platform, the Services, and their content (“IPR”).
  • As long as you comply with these Terms, we grant you a personal, non-transferable, revocable and  limited licence to use our IPRs for your own personal use. We reserve all other licence rights not expressly permitted under these Terms.
  • Unless permitted by law or under these terms, you must not copy except where such copying is incidental to normal use, reproduce, duplicate, sell or otherwise commercially exploit the Platform, the Services and their content without our prior written consent.
  • You must not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or other any IPR.
  • You must not use any of our logos or trademarks without our express prior written permission.
 
2.5 Our liability to you
  • Although we make reasonable efforts to update the Platform  and the Services, they are provided "as is" and, to the extent permitted by law, we make no representations, warranties or guarantees, whether express or implied (including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose) that they (a) are accurate, complete or up-to-date; (b) meet your particular requirements or needs; or (c) access to, or use of, the same will be uninterrupted or completely secure.
  • If the need arises, we reserve the right to amend, delete, suspend or withdraw all or any part of the  Platform (including the Services) without notice. We exclude our liability if, for any reason, the Platform  or the Services  or any parts are unavailable at any time.
  • We may refer to third-parties websites on our Platform  and while we hope that you will find them to be of interest, we are not responsible for the content and accuracy of such website and thus we cannot accept any responsibility in respect of any third-party websites or any information contained therein.
  • Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
 
3. Our Services and how you should use them
 
3.1 Requirements to be eligible for our Services
By registering and ordering our Services, you must be:
  • Legally capable of entering into binding contracts.
  • At least 18 years old or 16 years old or over for emergency contraception (morning after pills), contraception, and period delay services only.
  • Resident in the UK.
Our Services are to be provided in the UK. We do not accept orders or deliveries, from or to, outside the UK.
 
Our Services are NOT to be used in an EMERGENCY situation.
If you believe that you or the person you are assisting is in an urgent or emergency situation you should immediately dial 999 or seek alternative emergency medical services.
 
3.2 Your account
 
A. Registration
You cannot benefit from our Services without first registering on our Website. By doing so, you will create a secure online account (“Account”) which will contain the following information:
  • Messages you receive from our pharmacists.
  • Recommendations.
  • The treatments we provided to you.
  • A link to our Services.
  • A help section.
  • Your settings.
  • A link to these Terms and the Privacy and Cookie Notices.
 
You must not register more than once and must verify that you give us your correct name, address, date of birth, email and telephone number.
To improve and make the process of identity verification more efficient we might use  an ID&V provider.
Do not register on the Web on behalf of anyone other than yourself, unless you have permission to do so from that person and we receive express written consent from the person in question.
 
A. Your settings
This is where you can change your personal information and update your email preferences (please check our Privacy Notice more information).
If you would like to stop using our Services, you can suspend your Account in the settings section. Your Account will become inactive with immediate effect. Legally, we are required by law to keep the electronic patient records including personal information, communication and treatments until ten years after the patient’s death or after the patient has left the EU. Please note that suspending your account will not delete these data.
 
B. Your Account privacy and security
Please treat your login, patient ID, password and any other secure piece of information as confidential. You should never disclose any secure information to a third party.
Choosing a secure password is very important. Please refer to the National Cyber Security Centre website for tips on how to choose a strong password.
If you know or suspect that anyone other than you knows your user identification code or password to your account, you must promptly reset your password to something only you know.
 
3.3  Your responsibilities
You must use our Platform  and the Services with care and in compliance with the below:
  • The provision of Services to you is conditional on you completing truthfully, honestly and to the best of your knowledge a pre-assessment and all consultation questionnaires contained on our Platform. Please do not try to fill in the questionnaire or pre-assessment until you’re completely clear on what each question means. If you do not understand a question, are unsure how you should answer certain questions, or you do not fully understand the advice or information given to you on our site, you can speak to your regular healthcare provider or get in touch with us.
  • Please do not complete any pre-assessments on behalf of anyone other than yourself.
  • Please do not complete any questionnaires on the Web, unless you have permission to do so from that person and we receive express written consent from the person in question.
We are not liable for any damages which result from:
(i) A failure by you to provide and continuously maintain complete, truthful and accurate information in your Account and in all the pre-assessments and questionnaires you complete or any other information you provide to us.
(ii) A failure by you to follow advice given on the Platform or from your failure to pass on information to your regular healthcare provider.
 
3.4 Services from Dears Pharmacy Website
 
3.4.1 What we do
  • We provide medical consultations to you based on online questionnaires you complete, telephone conversations, secure messaging and photo assessments.
  • If our pharmacists determine based on the consultation that a treatment is required and that you are suitable for remote treatment, they will issue a prescription which will be sent to a Dears Pharmacy, which will then legally supply and dispense the medicines to you directly in its own name.
  • If you have any issues such as side effects or any questions related to the treatment we prescribed, our pharmacists will provide you with follow-up medical advice.
 
3.4.2 How it works
Registration
When you first visit our Website, you will have the option to first register or to immediately select one of our Services. If you decide to immediately start using our Services you will need to register before submitting your medical questionnaire to a pharmacist.
Questionnaire
Why a questionnaire? It’s the same as going to your GP’s practice for a consultation. Our pharmacists need to know about your condition, the medication you’re taking, your allergies and anything else that will help them to assess whether your preferred treatment is safe for you.
Our questionnaires are all built by our pharmacists in line with best medical practice, and they’re tailored to the specific Services that we offer.
Consultation
Our Services are either (i) one-step journeys or (ii) two-step journeys.
(i) one-step journeys
  • Complete a health questionnaire.
  • Agree to these Terms. Select your preferred treatment and click order.
  • Register on our Website, or log in if you’ve already registered.
  • Choose a delivery method.
  • Pay for your consultation, course of treatment and delivery costs, if any.
  • Submit your order.
The pharmacist will contact you to:
  • Confirm your preferred treatment is suitable, or
  • Ask you further information through your Account, or
  • Advise if treatment is not suitable and subsequently cancel your order or provide advice.
Once you have submitted a questionnaire, our pharmacists aim to respond to you within 24 hours on weekdays.
We will email or text you (if applicable) a confirmation that you’ve successfully registered with us and that our pharmacists are reviewing your questionnaire and attachments.
We’ll then notify you by email or text if remote medical treatment is suitable for you. If so, our pharmacists will offer you a treatment.
(ii) two-step journeys
These journeys are required when our pharmacists need you to send in pictures or other information for them to decide (a) whether you can be treated remotely and (b) suggest medication if suitable.
The first step:
  1. Complete an initial questionnaire.
  2. Share pictures and other information, if asked.
  3. Agree to these Terms.
  4. Register on our Website, or log in, if you’ve already registered.
We will email or text you (if applicable) a confirmation that you’ve successfully registered with us and that our doctors are reviewing your questionnaire and attachments.
We’ll then notify you by email or text if remote medical treatment is suitable for you. If so, our pharmacists will offer you a treatment.
The second step:
In order to obtain the treatment, you’ll need to:
  1. Log on to your Account.
  2. Complete a short additional questionnaire.
  3. Agree to these Terms.
  4. Choose a delivery method.
  5. Pay for your consultation, course of treatment and delivery costs, if any.
  6. Submit your order.
Our pharmacists will review the second questionnaire and, provided that you are still suitable for remote treatment, issue a prescription.
Professional codes of conduct of healthcare professionals and legal restrictions may limit the number and frequency of any item we are permitted to supply to you. As such, we cannot supply quantities exceeding the relevant permitted maximum. We will only charge you for those medicine(s) we do supply. We reserve the right to reject any order.
For your safety:
  • Always read all product packaging and labels carefully before use.
  • If you purchase medicine in advance, please always check the date on the box to make sure it’s not out of date.
  • Your course of treatment is based on your consultation and answers to our questionnaire.
  • Please make sure that only you have access to your medicines.
  • If medicine is prescribed and dispensed to you, you’re responsible for checking that the medicine received is the correct medicine prescribed by Dears Pharmacy and that it is not damaged in any way. If in doubt, you must contact our Customer Service to seek advice and/or replacement as required (please see Section “Contact” below). Do not consume any medicine which is not the medicine prescribed or which is damaged on arrival.
  • You should always tell your regular healthcare provider about treatment we prescribe and medication supplied.
 
Delivery
You can either have the treatment or goods delivered to an address in the UK or collect it from a Dears Pharmacy.
Unless we give you notice of the contrary, if you select the delivery of your treatment by courier, any medicines we prescribe will be dispensed and supplied by the pharmacy at:
  • Dears Pharmacy, 645 Ferry Road, Edinburgh, EH4 2TX, registered with the General Pharmaceutical Council (GPhC) with number 1091153
3.4.3 Off-label use of licensed medication
All medications we offer are fully licensed within the UK. Some medications we prescribe for conditions, or circumstances that are outside of the license, also known as ‘off-label’. Prescribing ‘off-label’ is common practice by healthcare professionals to ensure a medication can safely benefit as many patients as possible. We only offer these medications when we are confident that we have reviewed literature and guidelines. Our prescribing is always based on updated information and evidence since the product first became available.
3.4.4 Pricing and payment
We ensure that our prices for consultations, diagnosis and medical prescriptions are clearly set out on our Website. The prices shown include a component for the medical service provided to you by Dears Pharmacy.
Note that the price that you’ll see on our Website is the total price including these two components. Delivery charges are shown separately before ordering. All prices quoted are inclusive of VAT (where applicable). There are no hidden charges.
It is possible that, despite our best efforts, some of our Services may be incorrectly priced. If that is the case, we are under no obligation to provide the Services to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and you could have reasonably recognised the price displayed as an error.
You’re responsible for providing valid credit or debit card details. You must be authorised to use these details and to authorise us, or our payment service provider, to take payment in full for the items you’ve ordered, including any associated fees due to us under these Terms, including delivery fees.
If your payment details have expired or are invalid in any way, we will try to contact you. If you are unable to give us the updated information, we reserve the right not to deliver your medicines to you.
5. Cancellations and returns
Cancellations policy
Cancellation is possible for all services including those that involve a prescription before you receive a confirmation communication from Dears Pharmacy.
Returns policy
For security and sanitary reasons, we are unable to accept any returns for items that have been used or are unpackaged. We are also unable to accept returns for medicines.
You will need to cover the cost of returning test kits or other items, unless you can prove that the item was damaged or faulty when you received it.
Refunds policy
If our pharmacists decide that the treatment you’ve requested is not suitable, they’ll send a full explanation to your Account and any fees will be refunded fully within eight (8) working days.
If you validly cancel your order (as per the Cancellations policy above), we’ll do our best to process refunds within 3 working days. The funds may take up to 5 working days to appear in your bank account or on your card statement.
Note that we may also contact you to say that we do not accept your order for the following reasons:
  1. The medicines or goods are unavailable.
  2. We cannot authorise your payment.
  3. You are not allowed to use our services.
  4. You have ordered too many medicines.
  5. There has been a mistake on the pricing.
5. Privacy Notice and data protection
Your privacy is our priority. You’ll find everything you need to know about how we keep your information secure, including data protection, in our Privacy Notice & Cookie Notice.
 
6. Written communication
We will usually get in touch with you via email or through your account, although we sometimes post notices on our Platform. For contractual purposes, please make sure you understand and agree to receive electronic communication from us, and that you acknowledge that all contracts, notices, information and other electronic communications that we provide to you electronically comply with any legal requirements that require such communications to be in writing. This condition does not affect your statutory rights.
7. Transfer of rights and obligations
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
8. Third party rights
These Terms do not give rise to any rights for any third party to enforce any term of these Terms.
9. Events beyond reasonable control
We will not be in breach of any of our obligations under these Terms (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of our obligations shall be extended accordingly.
10. Jurisdiction and applicable law
The courts have exclusive jurisdiction over any claim arising from, or related to, the Services we provide to you or to use of our Platform. We reserve the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of, or in connection with them or their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the law of England and Wales.
11. Entire agreement
These Terms, our Privacy and Cookie Notices, and any document expressly referred to in this agreement constitutes the whole agreement between you and us.
This supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our Platform and the Services made available on it.
12. Severability
Each of the clauses of these Terms operates separately. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and exclusions and limits of liability, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
13. Variations
We may change these  Terms at any time. Please read these Terms every time you use our Platform and order any of our Services so that you’re aware of any changes we have made.
14. Contact
14.1 How to raise a concern 
If you have any concerns about material which appears on;
If you have a concern with our Service, please get in contact with our customer service team. Our customer support team will try and resolve the issue without delay.
  • You can contact us in relation to Dears Pharmacy Website either by:
If our customer support team isn't able to resolve your concern, then we can register your concern as a complaint. We take complaints very seriously, and aim to deal with any issues faced by our patients quickly, compassionately, and effectively. For more information please see below.
14.2 How to make a complaint
To make an official complaint about our Website you should contact the Customer Support management team. You can do this in any of the following ways:
  • phone: 01313322851 (Monday to Friday 9am to 6pm)
  • email: info@dearspharmacy.co.uk
  • post: Dears Pharmacy, 645 Ferry Rd, Edinburgh EH4 2TX
Thank you for visiting and using our website and services.
The Privacy and Cookie Notices are also part of this agreement. Please take the time to read them too.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.

• This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: [insert list of information].

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

• All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

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